Waiting for overdue rent payments? Working with a California eviction lawyer and understanding this state’s eviction process can help you get what you’re owed.
If you’re a California landlord collecting unpaid rent, you may still be able to recover these payments even after completing an eviction. However, the eviction process might be more complicated than you’d expect – especially if you make mistakes along the way.
Are you thinking about evicting a tenant, but unsure of where to start? Read on for a detailed look at this state’s eviction process (and how working with a skilled California eviction lawyer can increase your chances of success).
How California Landlords Recover Back Rent Through the Eviction Process
Under California law, property owners need to get a court order before the sheriff will evict tenants for them. To reach that point, California landlords have to:
Step #1: Serve a Notice
Before you can take legal action against someone living in one of your properties, you’ll need to give them a written notice. Under AB 1482 and most municipal laws, California allows landlords to serve notices for two types of evictions:
- At-fault evictions. These are evictions motivated by a tenant’s own actions. If a tenant doesn’t pay rent on time, is a nuisance to other residents, or has done something else prohibited by law or contract, you’ll be able to pursue an at-fault eviction.
- No-fault evictions. On the other hand, no-fault evictions are not the result of a tenant’s behavior. When you plan to demolish or renovate your property or want to recover units for yourself or a family member/resident manager, you may be able to pursue one of these evictions.
Step #2: File an Eviction Lawsuit
If your tenant doesn’t comply with the notice by the time the deadline arrives, you’ll have to move forward with an unlawful detainer lawsuit. The forms you’ll need to fill out at this point include:
- Civil Case Cover Sheet
- Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer
- Summons – Unlawful Detainer-Eviction
- Complaint – Unlawful Detainer
- Certificate of Assignment or Civil Case Cover Sheet Addendum
By completing these forms, you’ll formally ask the judge to grant you possession of the property and to order the Sheriff to kick out the tenant. If your case is based on nonpayment of rent and it goes successfully, the judge can also authorize the collection of your past due rent. Otherwise, you’ll have to seek that rent separately.
Step #3: Ask for a Trial Date/Default Judgment
After you file your lawsuit, you’ll need to have your tenant served with the paperwork. The manner of service will determine the amount of time they have to respond. If the tenant is served in person, they will have 10 court days to file a response with the Court. If the tenant is served via substituted or posted service, they will get 10 extra calendar days, then 10 court days to file their response.
When either of these deadlines passes without your tenant taking action, you’ll be able to ask the judge to decide the case in your favor (aka winning via a default judgment). If they file an Answer instead, that means they’re planning to fight the eviction. In that case, you’ll need to request a trial date.
These aren’t the only steps tenants can take at this point in the process, but generally the landlord will want to oppose and defeat everything filed by the tenant, in order to move the case to trial as soon as possible.
Step #4: Go to Court
When your eviction case goes to trial, taking a few simple steps to prepare can improve your odds of success. For example, you could attend another eviction trial to get familiar with how these trials work. Familiarizing yourself with the key documents, such as the lease and the written notice, are also good ideas.
On the day of your trial, you must be available for about four hours starting at the time your case is scheduled. When your case is called,the landlord will usually get to explain their side first. You’ll also have a chance to call witnesses during your case – remember that these witnesses can only talk about things that are relevant to the case. That means that anything not included on your notice may be off limits during the trial – make sure that you’re prepared to prove the allegations in your notice. Don’t make the mistake of thinking that you can change what the lawsuit is about in the middle of the trial!
Step #5: Get a Judgment
If everything goes in your favor, the judge will decide that your tenant must leave. In that case, they’ll sign a Judgment of Possession. From that judgment, you can request a Writ of Possession. Then, the sheriff will serve your tenant with the writ and a Notice to Vacate. That’s the final step before the Sheriff comes and conducts a lockout.
Of course, there’s also a chance the judge will decide against you. In that case, your tenant can stay in their unit. However, they’ll still be required to follow the rental agreement going forward or else they can wind up back in court all over again.
What California Landlords Must Know Before Recovering Back Rent
Don’t make common mistakes that can prevent landlords from evicting tenants and collecting overdue rent. Always make sure to:
- Serve Notices correctly. Serving Notices is a crucial early step in any eviction, and getting this wrong could jeopardize the process as a whole.
- Follow every step in the eviction process. California has clear rules for evictions. Not following these rules or trying to “skip ahead” in the process could cause serious problems for you.
- Pay attention to timelines. There are a few different timelines you’ll need to follow while working toward an eviction. Make sure to understand how long your tenants have to respond to Complaints/Summons forms and Notices.
- Avoid taking shortcuts. Self-help evictions are illegal in California. Attempting to go this route could lead to lawsuits and other consequences.
Should California Landlords Accept Rent Payments After Serving an Eviction Notice?
Accepting rent after you issue a Notice could interfere with your eviction process, too. If you do take rent payments at this point, it could be viewed as you acknowledging your tenant’s continued tenancy and waiving the Notice. That means you’ll lose any eviction lawsuit that’s currently in progress.
If you win your lawsuit against the tenant, the judgment can include all the unpaid rent for the period of the lawsuit. If you lose your lawsuit, they’ll still owe the back rent.
Make sure not to take rent after the notice expires unless you’re okay with dismissing your eviction case and allowing the tenant to remain at the property.
How California Landlords Can Recover Back Rent After a Default Judgment
If you get a judgment by default, you can request a judgment for possession without addressing the issue of the unpaid rent. Once the tenant leaves, whether voluntarily or via a Sheriff lockout, you’ll be able to go back to the Court and request a full money judgment.
There’s no time limit for this, but some courts will require you to do it within 4 to 6 months of obtaining the original judgment for possession. Once you’ve entered the judgment for possession, you’ll want to check to see if the Court has any future hearings regarding a money judgment.
If you don’t want to get a money judgment after you’ve recovered possession of the property, you can simply dismiss the remaining part of the case.
Recover Back Rent with California Property Law Group’s Eviction Lawyers
Evictions can get complex in California, especially when it comes to rent collection and understanding landlord-tenant laws. Working with a talented California eviction lawyer will help you recover unpaid rent and get the results you want. No one in Los Angeles County and beyond is more qualified to tackle these cases than the experts at California Property Law Group. Schedule your free consultation to get started!
